`Tel: 571-272-7822
`
`
`
`Paper 50
`Entered: July 23, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CARDIOCOM, LLC,
`Petitioner,
`
`v.
`
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2013-00449 (Patent 7,840,420 B2)
`Case IPR2013-00451 (Patent 7,587,469 B2)
`Case IPR2013-00468 (Patent 7,516,192 B2)1
`
`
`Before STEPHEN C. SIU, JUSTIN T. ARBES, BRYAN F. MOORE,
`TRENTON A. WARD, and MIRIAM L. QUINN, Administrative Patent
`Judges.
`
`ARBES, Administrative Patent Judge.
`
`DECISION
`Petitioner’s Motions to Correct
`37 C.F.R. § 42.7
`
`
`1 Case IPR2013-00469 has been joined with Case IPR2013-00468. This
`Decision addresses issues pertaining to all three cases. Therefore, we
`exercise our discretion to issue one Decision to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`
`IPR2013-00449 (Patent 7,840,420 B2), IPR2013-00451
`(Patent 7,587,469 B2), IPR2013-00468 (Patent 7,516,192 B2)
`
`
`Petitioner filed an unopposed motion to correct certain filings in each
`
`of the instant proceedings. Under the circumstances, we are persuaded that
`
`the errors were clerical in nature and that it would be appropriate to allow
`
`their correction. The motions are granted.
`
`In Case IPR2013-00449, Petitioner filed, with its Reply on June 10,
`
`2014, a copy of U.S. Patent No. 5,827,180 as Exhibit 1040. Petitioner states
`
`that the exhibit is duplicative of Exhibit 1006, and requests that the duplicate
`
`copy filed as Exhibit 1040 be expunged. See IPR2013-00449, Paper 48.
`
`In Case IPR2013-00451, Petitioner filed, with its Reply on June 10,
`
`2014, a declaration from Robert T. Stone, Ph.D., as Exhibit 1022. Petitioner
`
`states that the declaration contains an incorrect citation, and requests that it
`
`be replaced with a corrected version also filed as Exhibit 1022 on July 15,
`
`2014. See IPR2013-00451, Paper 48.
`
`In Case IPR2013-00468, Petitioner states that its Reply (Paper 46)
`
`contains an incorrect citation, and requests that it be replaced with a
`
`corrected version (Paper 52). See IPR2013-00468, Paper 51.
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Petitioner’s motions to correct are granted;
`
`FURTHER ORDERED that Exhibit 1040 in Case IPR2013-00449 is
`
`expunged from the record of the proceeding;
`
`FURTHER ORDERED that the corrected version of Exhibit 1022 in
`
`Case IPR2013-00451, filed on July 15, 2014, is entered, and the original
`
`version, filed on June 10, 2014, is expunged from the record of the
`
`proceeding; and
`
`FURTHER ORDERED that Petitioner’s corrected Reply in Case
`
`IPR2013-00468 (Paper 52), filed on July 15, 2014, is entered, and
`
`
`
`2
`
`
`
`IPR2013-00449 (Patent 7,840,420 B2), IPR2013-00451
`(Patent 7,587,469 B2), IPR2013-00468 (Patent 7,516,192 B2)
`
`Petitioner’s original Reply (Paper 46), filed on June 10, 2014, is expunged
`
`from the record of the proceeding.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2013-00449 (Patent 7,840,420 B2), IPR2013-00451
`(Patent 7,587,469 B2), IPR2013-00468 (Patent 7,516,192 B2)
`
`PETITIONER:
`
`Daniel W. McDonald
`Andrew J. Lagatta
`William D. Schultz
`Thomas J. Leach
`Jeffrey D. Blake
`MERCHANT & GOULD, P.C.
`dmcdonald@merchantgould.com
`alagatta@merchantgould.com
`wschultz@merchantgould.com
`tleach@merchantgould.com
`jblake@merchantgould.com
`
`
`PATENT OWNER:
`
`Don Daybell
`Davin M. Stockwell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`D2DPTABDocket@orrick.com
`D2SPTABDocket@orrick.com
`
`
`
`
`
`4
`
`
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